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NextGen Financial Services Report Blog

Articles: 1-10 of 59

Workouts Never Go Out of Style: What To Expect in the CMBS Market During the Second Half of 2021, and Beyond

USA - May 12 2021 2020 was a bad year… okay, it was a really, really bad year. CMBS borrowers, in particular, found themselves in default and often-times upside down…

Phonelines Are Buzzing: The Supreme Court Has Finally Provided Clarity Regarding the TCPA’s Definition of Automatic Telephone Dialing Systems

USA - April 2 2021 In a much anticipated decision, the U.S. Supreme Court yesterday provided clarity on the definition of an automatic telephone dialing system (“ATDS”)…

CFPB Enforcement Expected to Increase Under the Biden Administration

USA - February 24 2021 Enforcement and litigation directed at the consumer financial services industry is expected to increase under the Biden administration. While…

Bankruptcy’s New Normal - The Consolidated Appropriations Act Distances from the Bankruptcy Code to Provide Further Covid Relief

USA - January 25 2021 On December 27, 2020, the Consolidated Appropriation Act of 2021 (the “CAA“) was enacted to provide additional coronavirus stimulus relief for…

Consumer Financial Protection Bureau Requests Comment on Imminent Advisory Opinion Program

USA - July 23 2020 On June 22, 2020, the Consumer Financial Protection Bureau ("CFPB") launched its advisory opinion pilot program and its proposed final advisory…

TCPA Protection Against Robocalls Upheld. Did the Supreme Court Sacrifice the Right of Free Speech For the Sake of Rescuing a Bad Statute?

USA - July 6 2020 In a closely monitored case, the U.S. Supreme Court today upheld the restriction on robocalls under the Telephone Consumer Protection Act (“TCPA”) of…

The Battle Over the Constitutionality of the CFPB Is Finally Settled… So What Now?

USA - July 2 2020 From the inception of the Consumer Financial Protection Bureau (“CFPB”), opponents have argued that its single-director structure is unconstitutional…

HEROES Act Includes Potentially Disastrous FCRA Amendments

USA - May 28 2020 On May 15, 2020, the House passed the Health and Economic Recovery Omnibus Emergency Solutions Act, or “HEROES Act”, which is a 1,815-page bill that…

Credit Reporting Agencies Are Not Required to Determine What Is a “Legally” Valid Debt

USA - May 19 2020 In a consumer class action, the United States Court of Appeals for the Seventh Circuit was called on to decide whether “consumer reporting agencies…

Bankruptcy On Ice III - The Freeze Extends Temporary Suspensions of Chapter 11 Cases

USA - May 11 2020 In our latest installment of our series “Bankruptcy On Ice”, we tackle temporary suspension of bankruptcy proceedings in response to the closure of…